PUBLIC RECORD OFFICE
TTTT
Reference :-
C.O. 885
11 PUBLIC RECORD OFFICE, LONDON
ALLY WITHOUT PERMISSION OF THE BE REPRODUCED PHOTOGRAPHIC- COPYRIGHT PHOTOGRAPH-NOT TO
British subject be so excessive or violent that the intervention of force be absolutely necessary for the sake, and in the interests of humanity and ordinary justice.
In the state of things now existing in, and in the neighbourhood of Fiji, it seems to us obvious that very much must be left to the discretion of the naval officers who are employed, and that no set of instructions can be drawn which will meet every case.
We have answered the questions put by the Admiralty to Mr. Hammond. The points raised in these questions no doubt will call for the exercise of great discretion and forbearance on some occasions, and for as much discretion and prompt and vigorous action on other occasions from naval officers; but we are not able to make any suggestion to your Lordship, showing that it would be advisable to introduce any changes or make any modification in the instructions.
The Earl Granville, K.G.
do. &c.
&c.
(Signed)
We have, &c.
J. D. COLERIDGE.
G. JESSEL.
J. PARKER DEANE.
3132.
No. 800.
(CANADA.)
LAW OFFICERS to FOREIGN OFFICE.
MY LORD,
WE are honoured with your Lordship's commands signified in Lord Tenterden's
Temple, March 22, 1873. letter of the 19th instant, stating that he was directed to transmit to us a letter from the Colonial Office, forwarding correspondence respecting the seizure of the schooner Bessie," of New Brunswick, by the United States Custom House officials; and that he was to request that we would take the papers into consideration and report to your Lordship our opinion on the case.
In obedience to your Lordship's commands we have the honour to-
Report
That in this case it would seem that the British vessel was seized in British waters, and that great violence was used towards her crew by the seizers.
At the same time is evident from the statement of the master of the British vessel, that he was endeavouring to escape from legal custody, and some considerable allow- ance must be made for the continuance of the pursuit beyond legal limits, and for some violence in regaining possession of a ship which was, in the circumstances, endeavouring to evade a possible lawful demand.
These being the facts, and the considerations applicable to those facts, and looking to the delay in making any complaint, and the absence of the result of any inquiry from the British Consul on the spot, we are of opinion that your Lordship cannot probably bring the case to the attention of the United States Government at present.
Your Lordship, however, may think fit to, and in our opinion may properly, direct that inquiry into the conduct of the British master and the truth of the facts stated by him should be made of the British Consul, particularly as to the latter part of the transaction after the ship had been brought in.
The Right Hon. the Earl Granville, K.G.,
&c.
&c.
&c.
We have, &c. (Signed)
J. D. COLERIDGE. G. JESSEL.
J. P. DEANE.
U 16978-824. 25.-5/86.
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